October 2, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 1:30 p.m.

Chair Bobby Green, Sr. presided with Steve Cornacchia, Ellie Dumdi, Jerry Rust and Cindy Weeldreyer present. Sharon Giles, Recording Secretary.

12. COMMISSIONERS' ANNOUNCEMENTS

13. PUBLIC HEARINGS

a. PUBLIC HEARING AND FINAL ORDER 96-10-2-11/In the Matter of Vacation of a Portion of County Road Number 1401 (Playway Road) Being in Section 19, Township 18 South, Range 4 West of the Willamette Meridian, and to Adopt Findings of Fact.

Green explained that a letter has been received from a participant indicating that there was a death in his family and he would like to have this issue postponed.

Green opened the Public Hearing. There being no one present who wished to speak at this time, Green closed the Public Hearing.

There was consensus to postpone this item until October 30, 1996 at 1:30 p.m.

b. PUBLIC HEARING AND ORDER 96-10-2-12/In the Matter of Defining a Preservation and Safety Project Scope for Highway 58, Goshen-Immigrant Road, for Inclusion in the 1998-2001 State Transportation Improvement Program (STIP).

Weeldreyer introduced Tim Dodson from the Oregon Department of Transportation. She summarized that during the last eight weeks, all of the issues that were raised regarding safety improvements have been taken into account and a project scope definition has been created for the State Transportation Improvement Program. Weeldreyer remarked that the only issue on which there was not consensus by the stakeholders deals with traffic signals. Dodson indicated that a signal creates a hazard as it stops traffic and creates an opportunity for rear-end accidents. He noted that experts/analysts have developed "safety warrants," noting that the engineers have all recommended against having a signal at Enterprise Avenue. Cornacchia asked whether there can be other considerations than just the limited geographical area used to assign points. Dodson stated that, in terms of the whole corridor, signals always have a negative impact on capacity. He continued that, in terms of evaluating the viability/benefit of a signal in a semi-rural situation, it is a very inexact science. Dodson remarked that it is a misconception that traffic signals save lives. Weeldreyer commented that a continuous left-turn lane has its own inherent risk, observing that the stakeholders’ group now believes that wider shoulders and adding a whole series of left-turn protected areas and deceleration lanes to turn right off the highway will accomplish the desired goal. Responding to Cornacchia, Dodson stated that a consensus decision model, including area representation, will be used on design decisions.

Green opened the Public Hearing.

Norman Miller, 84124 Hilltop Drive, Pleasant Hill, commented that he is in full support of the recommendations of the stakeholders. He read his testimony into the record (see material on file). Miller indicated that the root problems on Highway 58 are excessive speed and turning movements. He continued that a traffic light would help with both of these problems.

Karla Hayward - passed.

Walter Zajac, 38909 Hwy. 58, Dexter, emphasized that speed is a factor, but not the factor. He discussed reaction time for cars and trucks, commenting that it is 1.5 seconds for cars and 4 to 7 seconds for trucks. Weeldreyer explained that it would be a separate process to deal with increased law enforcement. Zajac distributed pictures depicting what the community of Grants Pass is doing to solve their problem.

Greg Fremsted - passed.

Jason Reed, 4080 Commercial Avenue, Springfield, Reed’s Fuel and Trucking, stated that he is the trucking representative in the stakeholders project. He indicated that the trucking industry is supportive of what is before the Board.

Joanne Lane, 36016 North Morningstar, remarked that she owns the Texaco in Pleasant Hill, noting that there were three accidents just yesterday near them on Highway 58. She encouraged the Board to help prevent these accidents.

Chuck Larson, 85100 Cloverdale Road, stressed that he is highly in favor of lowering the speed limit. He indicated that it might be worthwhile to put a warning light over Cloverdale Road as people can’t see if there is any traffic coming on the road because of the bridge structure.

Kim Metzler, 38452 Harolds Road, Dexter, expressed her support for a traffic light at Enterprise, noting that she had originally been in favor of three lights.

John Barquess, 38970 Highway 58, Dexter, thanked Weeldreyer for pulling everything together, stating that this project has shown that ODOT and communities can work together. With regard to traffic lights, he indicated his belief that a light at Enterprise Road, especially during school hours, would be beneficial. Barquess emphasized that this project will not work without traffic enforcement of some type.

Stephen Roberts, 34984 Matthews Road, observed there are two sets of criteria at play - one by designers and one by the community. He stressed that the first project proposal was horrifying. Roberts thanked Weeldreyer for facilitating the process.

There being no one further who wished to testify, Green closed the Public Hearing.

Weeldreyer noted that there is not unanimous community support for a signal. She observed that some reasons given for having a traffic signal are to provide gaps and for "traffic calming." However, Weeldreyer expressed her belief that the safety concerns of ODOT are valid, observing that it would cost $1 million to add a signal to the project which could affect its competitiveness. She suggested that perhaps signals will be best covered in the corridor study. Weeldreyer noted that a signal at Enterprise would likely create the need for a complete redesign of traffic for the entire school complex. She recommended that the Board adopt a project scope as recommended by the stakeholders group with the exception of not including a signal, which can be dealt with during the corridor study.

MOTION: Approval of the Order as presented, except for the reference to a traffic signal at Enterprise Road. Weeldreyer MOVED, Dumdi SECONDED. Responding to Green, Tom Stinchfield indicated that the draft STIP will include Highway 58 and the next phase of Beltline, noting that the Board is not being asked to choose between Highway 58 and Beltline modernization. Following a brief discussion regarding the corridor study, Cornacchia observed that it would seem to be prudent to complete safety improvements first and that it may be premature to begin a corridor study without those results. Weeldreyer noted that the improvements here are primarily for safety and preservation purposes.

VOTE: 5-0. Weeldreyer thanked the participants in the stakeholders group. Dumdi thanked Weeldreyer for her excellent work on this project.

c. ORDER 96-10-2-13/In the Matter of Amending Intergovernmental Agreement #11677 Between the Oregon Department of Transportation and Lane County, titled "Goshen-Immigrant Road".

Tom Stinchfield, Transportation Planning Engineer, explained that a new exhibit has been distributed that includes an additional sentence recommended by legal counsel. Stinchfield indicated that Dodson recommends that the original IGA be rewritten first to include the amendments and that it all be approved at once. He recommended delaying action on this item. Responding to Green, Dodson explained there was no discrepancy with the intent, but simply with the process to include this in a rewrite of the entire agreement. Weeldreyer remarked on the change in scope, from modernization to safety/preservation, observing that a cleaner process may be to rewrite the agreement, with the stipulation that Paragraph 2(c) be in any agreement. There was consensus to delay this item.

d. SECOND READING AND PUBLIC HEARING/Ordinance No. 3-96/In the Matter of Amending Chapter 9 of Lane Code to Reenact "Tree Conservation and Protection" Regulations Which Expired on December 1, 1995 (LC 9.900-9.940) and Establish Fees Effective Within the Urban Growth Boundary and Outside the City Limits of Eugene.

Green read this ordinance into the record.

Roy Burns, Public Works, reviewed this item for the Board (see material on file). Scott Plamondon, Urban Forester, City of Eugene, concurred with the recommendation.

Green opened the Public Hearing.

There being no one present who wished to testify, Green closed the Public Hearing.

MOTION: Approval of the Ordinance, without the sunset clause. Rust MOVED, Weeldreyer SECONDED. The Secretary polled the Board.

VOTE: 5 Ayes.

e. ORDER 96-10-2-14/In the Matter of Authorizing the County Administrator to Amend the Intergovernmental Agreement of May 7, 1987 with the City of Eugene to Administer Lane Code Sections 9.900 to 9.960.

Bill Van Vactor, County Administrator, asked if there was any provision in the intergovernmental agreement for the County to recover its reasonable expenses. Burns stated that that has not been a provision of urban transition agreements in the past.

MOTION: Approval of the Order. Rust MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

14. OTHER BUSINESS

a. ORDER 96-10-2-15/In the Matter of Reconsideration of the Board of Commissioner's Decision to Elect to Not Hear an Appeal of a Hearings Official's Decision Affirming the Planning Director's Decision Denying a Request to Allow a Dwelling Within an Impacted Forest Land Zone District (PA 1990-92, Bruce Morgan).

This item was actually discussed at the end of the day’s agenda.

Vorhes briefly reviewed this item for the Board (see material on file).

MOTION: To reconsider this matter. Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 3-1, Cornacchia abstained. (Rust had been excused from the meeting prior to this vote.)

MOTION: Approval of the Order to hear and setting a hearing date for Tueday, November 5. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 4-0. (Rust had been excused from the meeting prior to this vote.)

Weeldreyer indicated that she has not had exparte contact, except for a letter and phone call from Joe Leahy asking for reconsideration. Cornacchia indicated that he, too, had received the letter from Leahy.

14. OTHER BUSINESS

b. EIGHTH READING AND DELIBERATION/Ordinance PA 1083/In the Matter of Amending the Eugene-Springfield Metro Area General Plan to Modify Policy 2, Section III.G., to Provide for the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site and Govern Similar Extensions to Other Sites, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

and

c. EIGHTH READING AND DELIBERATION/Ordinance PA 1084/In the Matter of Amending the Rural Comprehensive Plan to Add a Policy Governing the Extension of Sanitary Sewer Service from the Eugene-Springfield Metropolitan Area to the Lane County Short Mountain Landfill Site, and Adopting an Exception to LCDC Goal 11; and Adopting Savings and Severability Clauses.

Green read Ordinances PA 1083 and PA 1084 into the record.

Ken Kohl was available for discussion (matters relating to the intergovernmental agreement were discussed at the end of the morning session).

Rust distributed a memorandum explaining his thoughts on the issue (see material on file). He indicated since he has learned more about the issue and received the dollar figures for trucking, along with becoming more convinced about the positive aspects of on-site treatment, he cannot vote for these ordinances and he urged the Board to ask staff to continue trucking and seek an RFP for on-site treatment. Responding to Cornacchia, Rust stressed his belief that a cost effective technology is out there. He noted that deferring the issue for a few months to find out would not be a bad way to go as trucking will be in place. Rust suggested delaying the reading and asking staff to look at an honest scoping analysis for development of an RFP. Cornacchia asked how quickly the County could get through an RFP process that would give an indication if on-site treatment is comparative. Responding to Dumdi, Kohl indicated that the DEQ would be satisfied as long as trucking is in place. Responding to Cornacchia regarding the inclusion of performance bonds, Vorhes noted that a bond would give some protection, but whether it would be enough in terms of the County’s expenditures is hard to know. He indicated that there would likely be considerable debate/litigation in any attempt to collect on a performance bond. After further discussion, Van Vactor noted that the specificity in a performance bond may impact the cost of the bond.

Green complimented staff on staying focused on the issues and dealing with Eugene’s negative treatment, noting that he has been a pipeline proponent and would need to hear of the proven performance/minimal risks/cost effectiveness of any on-site treatment.

Weeldreyer emphasized that her bottom line issues are: 1) what is in the long-term best interest in the health of the environment and the people who will be affected; and 2) making the best decision within the resources provided. She indicated that she is leaning towards Rust’s offering to direct scoping. Responding to Cornacchia regarding whether staff would be offended/insulted if the Board were to "step off the trail" and look at this, Kohl and Starr indicated that their job is to follow direction and that a dual track process may be good planning. Starr remarked that he is not personally convinced that performance bonds will address all of the issues.

Dumdi questioned whether it is possible to do three test plots for various technologies, to which Kohl responded affirmatively, stating that three successful bidders could provide a pilot study. Cornacchia emphasized that whatever the Board does today is not a rejection of the pipeline concept and that the Board is not abandoning the pipeline. He continued that the message to the other two jurisdictions is that the Board is utilizing this window of opportunity before making a final decision on the pipeline. Dumdi offered her support for staff direction, but indicated her willingness to follow a dual track process. Cornacchia stressed that this is not an indictment of the process or the result(s) provided by staff.

Rust was excused from the meeting at 3:52 p.m.

Green observed that the Board is being consistent with past discussions. Cornacchia expressed his desire that the IGA continue to move forward to conclude with a form acceptable by all jurisdictions, while the Ordinances will be in limbo. He continued that the Board is saying it is still willing to do the pipeline and will do everything necessary to pursue that option short of buying ground/contracting for excavation. Van Vactor suggested that the Board might want to discuss whether to eventually consider enactment of the Ordinances to see if any appeals are put forward. Stephen Vorhes, Assistant County Counsel, suggested that a termination clause be included in the IGA that refers to the ordinances being no longer effective if another option is chosen. Green summarized these discussions, indicating that the Board will pursue a dual track and amend the IGA with assurances, if necessary, for other jurisdictions with regard to no real estate acquisitions. Van Vactor recommended waiting until the other jurisdictions have acted, so that the County will be the last to sign off, thus being in place to defend an appeal. Cornacchia offered that two Board members meet with the president of the Eugene council, another councilor and maybe the mayor to attempt to bridge the differences. Weeldreyer remarked that there has been a suggestion that final language be crafted by the Board/Council officers of the three jurisdictions and three CEO’s.

Responding to Green, Kohl summarized direction to proceed with the administrative process for the Metro Plan procedures for the pipeline, while simultaneously pursuing a more detailed study on the feasibility of on-site treatment. He indicated that staff could report back to the Board in a month regarding the process necessary to follow up. Cornacchia emphasized that the fulcrum is that the pipeline process is in place and ready to go if there is no alternative available. There was consensus from the Board that they are committed to the pipeline until something better is proven. Cornacchia noted that he is supportive of on-site treatment, but not at any cost.

MOTION: Approval of the Eighth Readings and setting Ninth Readings for November 6. Cornacchia MOVED, Weeldreyer SECONDED.

VOTE: 4-0 (Rust not present for this vote). There was consensus to have oral updates from staff at the next two meetings.

d. RESOLUTION AND ORDER 96-8- 7-1/In the Matter of Acquiring Fee or Other Interests in Portions of Certain Real Properties for the Short Mountain Leachate Force Main Project.

This item was rolled to a future meeting. Don Maddox and John Goodson received consensus to work on acquisition options, but not commitments or actual acquisitions of property at this time.

12. COMMISSIONERS’ ANNOUNCEMENTS

RESOLUTION 96-10-2-17/Urging the Lane County Electors to Vote No on Measure 47 at the November 5, 1996 General Election.

Green read portions of the resolution into the record. MOTION: Green MOVED, Dumdi SECONDED.

VOTE: 4-0 (Rust not present for this vote.)

The commissioners briefly discussed planning a press conference with regard to the leachate issue.

There being no further business, this meeting adjourned at 4:30 p.m.

 

Sharon Giles, Recording Secretary

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